Jammu and Kashmir high court has ruled that Article 370, granting special status to the state, has assumed place of permanence in the Constitution and the feature is beyond amendment, repeal or abrogation.

The court also said that Article 35A gives "protection" to existing laws in force in the state. "Article 370 though titled as 'Temporary Provision' and included in Para XXI titled 'Temporary, Transitional and Special Provisions' has assumed place of permanence in the Constitution," a division bench of justices Hasnain Masoodi and Janak Raj Kotwal ruled in a 60-page judgement.

"It is beyond amendment, repeal or abrogation, in as much as the constituent assembly of the state before its dissolution did not recommend its amendment or repeal," the bench added. 

The court also observed that the President under Article 370 (1) is conferred with power to extend any provision of the Constitution to the State with such "exceptions and modifications" as may be deemed fit subject to consultation or concurrence with the state government.